The information and features included in this Web Site have been compiled from a variety of sources, are for informational and entertainment purposes only. By accessing or linking to this Web Site, you assume the risk that the information on this Web Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
When you visit TGG, the Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. TGG does sell products and services for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use TGG only with involvement of a parent or guardian. TGG and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Restriction on Use
This Web Site and all of the content it contains, or may in the future contain, such as articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Material") are owned by TGG or other third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Nothing contained in these Terms or on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of TGG or such third party that may own the Material or intellectual property displayed on the Web Site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. As a user of the Web Site, you agree not to use the Material for any unlawful purposes and not to violate TGG's rights or the rights of others. You are advised that TGG will aggressively enforce its rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution against you. TGG may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.
You shall not post, send, upload, transmit, distribute, submit or otherwise publish, through User Forums, Galleries or otherwise, any material, nor link to the Web Site from any online source that:
i. violates any law or promotes violence or illegal acts;
ii. is an advertisement or contains any solicitation of funds or services;
iii. is libelous, defamatory, abusive, pornographic, indecent or obscene, and/ or is threatening or inflammatory, contains expressions of racism or is otherwise inappropriate;
iv. contains any viruses or other mechanism that may adversely affect the operation of another's computer or otherwise disrupts, interferes with, harms or violates the security of the Web Site or any of its services, system resources, accounts, servers or networks;
v. submits false information about yourself;
vi. infringes any intellectual property right of any entity or person, including, without limitation, violating anyone's copyrights or trademarks or their right of publicity; vii. violates or infringes upon the rights of TGG, its users or the public; and/or;
viii. interferes with anyone else's use of the Web Site (collectively, "Non-Approved Material").
Certain areas of this Web Site may provide access to online user forums, galleries, bulletin boards or chat rooms ("User Forums"). TGG does not endorse the content in such User Forums and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any material provided through this Web Site.
TGG does not and cannot review every message posted by users in the User Forums, and is not responsible for the content of these messages. TGG reserves the right to, but is not obligated to, delete, move or edit content, in whole or in part, submitted by you to the Web Site and/or TGG for any reason, including a determination by TGG, in TGG's sole discretion, that such content contains Non-Approved Material or violates any TGG Terms. In addition, TGG may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of TGG or to protect the safety of our users or the public.
Please be aware that certain User Forums may disclose a user's IP address along with the user's name and message. To protect your safety, please use your best judgment when using User Forums, and consider carefully whether you want to disclose any information that can be used to identify or locate you.
Disclaimers/Limitations on Liability
THIS WEB SITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
YOU AGREE THAT TGG AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEB SITE, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS WEB SITE OR ITS RELATED INFORMATION OR PROGRAMS. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL TGG OR ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.
BY ACCESSING THIS WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
TGG makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this Web Site and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by TGG. Views and opinions of users of this Web Site do not necessarily state or reflect those of TGG. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this Web Site.
The Internet may be subject to breaches of security. TGG is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before e-mailing TGG any information. TGG makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Web Site. This Web Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TGG or its content suppliers and protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of TGG and protected by Australian and international copyright laws. All software used on this site is the property of TGG or its software suppliers and protected by the Commonwealth of Australian and international copyright laws.
TGG and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email your concern to admin@TheGlobalGame.net.
Information You Submit
This Web Site contains intellectual property that is protected from unauthorized use, copying and dissemination by Australian copyright, trademark and other laws. If you link to this Web Site, we require that you follow these guidelines. The link to this Web Site must not damage, dilute or tarnish the goodwill associated with any TGG names and/or intellectual property, nor may the link create the false appearance that your web site and/or organization is sponsored, endorsed by, affiliated and/or associated with TGG. Under no circumstances may you frame" this Web Site or alter its intellectual property or Material in any other way. TGG reserves the right, in its sole discretion, to terminate a link with any Web site that it deems inappropriate or inconsistent with this Web Site and/or these Terms.
TGG is not responsible for the content or performance of any portion of the Internet including other World Wide Web sites to which this Web Site may be linked or from which this Web Site may be accessed. Users are requested to inform TGG of any errors or inappropriate material found on Web sites to which this Web Site is or may be linked.
This Web Site may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Web Site may be governed by a separate set of rules that, in addition to describing such sweepstakes, game, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read such rules to determine whether or not your participation, registration and/or entry is valid. You agree to read and comply with such rules before entering any sweepstakes, game, contest or promotion on this Web Site.
Membership & Registration
Certain areas of the Web Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Web Site. When you provide information to the Web Site, you agree to provide only true, accurate, current and complete information.
If you register with the Web Site, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Web Site using your name in whole or in part. TGG reserves the right to terminate membership and/or deny access to the Web Site to any person in its sole discretion.
TGG operates this Web Site in Australia, but it may be hosted in various countries of the world. Information contained on this Web Site may not be appropriate or available for use in other locations, and access to this Web Site from territories where the content of the Web Site may be illegal is prohibited. If you access this Web Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These Terms shall be construed and enforced in accordance with the laws of the Commonwealth of Australia, without regard to its conflicts of law principles and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to the Terms and/or your use of this Web Site must be filed in the City of Sydney, State of New South Wales within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred.
No software from the Web Site may be downloaded, exported or re-exported: into (or to a national or resident of) any countries that are subject to Australian export restrictions. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country on any such list.
Risk of Loss
All items or services purchased from TGG are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
TGG and its affiliates attempt to be as accurate as possible. However, TGG does not warrant that product or service descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered by TGG itself is not as described, your sole remedy is to return it in unused condition.
Violations and Additional Policies
TGG will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may result in restrictions on your access to all or part of the Web Site and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of TGG. TGG reserves the right to modify or discontinue this Web Site, or any portion thereof (including User Forums) without notice to you or any third party. Upon termination of your membership or access to the Web Site, or upon demand by TGG, you must destroy all materials obtained from this Web Site and all related documentation and all copies and installations thereof. You are advised that TGG will aggressively enforce its rights to the fullest extent of the law.
Orders and Shipping
New and existing customers can place orders from the TGG web site and make online payments securely through various payment methods. We accept Visa and MasterCard via secure payment services only. Payment must be made before shipping.
You may return any item within seven days if it is flawed, damaged, or not as described for a full refund. We also have a 30 day return policy, which allows you to return items within that period for any reason for a refund minus shipping plus 25% restocking fee.
Most orders will be ready to ship within 5 business days after approval of order and verified receipt of payment. You will be notified by email the day your order ships. Our shipping charges can be viewed on the shipping page. Ground shipments are sent via a number of express post and cartage carriers. We reserve the right to nominate the carrier for any shipment. We are not responsible for delays in transit times once your order leaves our facility. We are also not responsible for any damage or loss incurred by the carrier.
Our terms and conditions apply to all orders. We do not accept any deviations from these terms. If your Purchase Order lists terms that are different from the above, we will process the Order, but we do not accept the terms.
Any dispute relating in any way to your visit to TGG or to products, entertainment or services you purchase through TheGlobalGame.net shall be submitted to confidential arbitration in Sydney, Australia, except that, to the extent you have in any manner violated or threatened to violate TGG's intellectual property rights, TGG may seek injunctive or other appropriate relief in any state or federal court in the Commonwealth of Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Australian Chamber of Commerce. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
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